Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 181224 (ALL)

UMA KANT MISHRA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

/10030/2025 · 2025-11-28

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10030 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record. The instant application under Section 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS"), has been filed by the applicant to permit him to submit two sureties and one personal bond for all two cases from the applicant and applicant has been granted bail in all cases by the court below. Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in all two cases. He next submitted that in all the cases registered against the applicant, he has been granted bail by the court below. He says that the applicant is very poor person and not in a position to furnish huge sureties in each and every case in compliance of bail orders. It is further submitted that the details of cases registered against applicant in District Sitapur are as follows:- (i) case crime no. 245 of 2000 under Section 7/13(1)(d) of P.C. Act 1988 P.S. Pisawan; (ii) case crime no. 213 of 2000 under Section 7/13(1)(d) of P.C. Act 1988 P.S. Pisawan; Learned counsel for the applicant has relied upon the judgment of the Apex Court passed in Special Leave to Appeal (Criminal) No. 8914-8915 of 2018; Hani Nishad @ Mohammad Imran @ Vikky Vs. State of U.P. It is also stated that in Case Crime No. 245 of 2000 (State Versus Uma Kant Mishra) under Section 7/13(1)(d) of P.C. Act 1988 P.S. Pisawan, District-Sitapur, is pending in the Court of Additional District Judge/Special Judge, Prevention of Corruption Act, Court No.-7 Lucknow, the petitioner has already submitted bail bond(s) and two Versus Counsel for Applicant(s) : Vivek Kumar Rai, Ajai Kumar, Ayush Tandon, Satyendra Kumar Dwivedi Counsel for Opposite Party(s) : G.A. Uma Kant Mishra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) sureties of Rs. 50,000/- in terms of bail order dated 27.08.2025 and the said sureties be considered in Case Crime No. 213 of 2000 under Section 7/13(1)(d) of P.C. Act 1988 P.S. Pisawan, District-Sitapur. Learned A.G.A. submits that he does not want to file any counter affidavit. In view of the facts and circumstances as well as rival submissions advanced by the learned counsel for both the parties, the present application stands disposed of finally taking note of the law laid down by the Apex Court in the case of Hani Nishad @ Mohammad Imran @ Vikky (Supra) with direction to the court concerned to treat the sureties bond(s) submitted by the applicant in Case Crime No. 245 of 2000 (State Versus Uma Kant Mishra) under Section 7/13(1)(d) of P.C. Act 1988 P.S. Pisawan, District-Sitapur in connection with Case Crime No. 213 of 2000 under Section 7/13(1)(d) of P.C. Act 1988 P.S. Pisawan, District-Sitapur. November 28, 2025 Jyoti/- A482 No. 10030 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench